Withdrawal and settlement procedures

Yes — a complainant may withdraw a complaint at any time before objections to the Assistant Secretary's findings and/or preliminary order are filed by notifying OSHA orally or in writing under 1985.111(a).

• OSHA will confirm the complainant's desire to withdraw in writing and will decide whether to approve the withdrawal. See 1985.111(a).

Yes — OSHA will determine whether to approve a complainant's withdrawal after the complainant notifies OSHA, and OSHA will confirm the withdrawal in writing under 1985.111(a).

• If OSHA approves, it will notify the parties and their counsel (if represented). See 1985.111(a).

No — a complainant may not withdraw a complaint after objections to the Assistant Secretary's findings and/or preliminary order have been filed, per 1985.111(a).

Yes — the Assistant Secretary may withdraw findings and/or a preliminary order at any time before the expiration of the 30-day objection period, provided no objection has been filed yet, and may substitute new findings or a new preliminary order under 1985.111(b).

• The substituted findings or order restart the 30-day objection period beginning on the date of receipt; see 1985.111(b) and the objection-period rule in 1985.106.

A party withdraws objections by filing a written withdrawal with the Administrative Law Judge (ALJ), and the ALJ will decide whether to approve the withdrawal under 1985.111(c).

• If the ALJ approves the withdrawal and there are no other pending objections, the Assistant Secretary's findings and/or order become the final order of the Secretary. See 1985.111(c).

A party withdraws a petition for review by filing a written withdrawal with the Administrative Review Board (ARB), and the ARB will decide whether to approve the withdrawal under 1985.111(c).

• If the ARB approves the withdrawal and there are no other pending petitions for review of that ALJ decision, the ALJ's decision becomes the final order of the Secretary. See 1985.111(c).

An investigative settlement is a settlement reached after the filing of a complaint but before any objections are filed or the order becomes final, and it can be used if OSHA, the complainant, and the respondent all agree under 1985.111(d)(1).

• OSHA's approval of that settlement indicates OSHA's consent and completes the agreement of all three parties. See 1985.111(d)(1).

An adjudicatory settlement is a settlement reached after objections to the Assistant Secretary's findings or order have been filed, and it requires approval by the ALJ if the case is before the ALJ or by the ARB if the ARB has accepted the case for review under 1985.111(d)(2).

• A copy of the settlement must be filed with the ALJ or the ARB as appropriate. See 1985.111(d)(2).

An approved settlement becomes the final order of the Secretary and may be enforced in United States district court pursuant to 1985.113, as stated in 1985.111(e).

• Once approved by OSHA, the ALJ, or the ARB, the settlement carries the full force of a final Secretary's order and is enforceable in federal court. See 1985.111(e) and 1985.113.

If a complaint is withdrawn because of settlement, the settlement must be submitted for approval in accordance with paragraph (d) of 1985.111.

• That means investigative settlements must show agreement by OSHA, the complainant, and the respondent as described in 1985.111(d)(1), and adjudicatory settlements require ALJ or ARB approval under 1985.111(d)(2).

OSHA will notify the parties and each party's legal counsel (if represented) of the approval of any withdrawal under 1985.111(a).

• The confirmation process begins with the complainant notifying OSHA orally or in writing; OSHA then confirms in writing and issues its approval or denial. See 1985.111(a).

The receipt of substituted findings or a substituted preliminary order triggers a new 30-day objection period, as the Assistant Secretary's substitution restarts the timeline under 1985.111(b).

• The original 30-day period referenced in 1985.106 is reset on the date the substituted findings or order are received by the parties. See 1985.111(b).

An investigative settlement is valid only if OSHA, the complainant, and the respondent all agree to it under 1985.111(d)(1).

• OSHA's approval constitutes OSHA's consent and completes the three-party agreement necessary for an investigative settlement. See 1985.111(d)(1).

If the ARB has accepted the case for review, the ARB must approve an adjudicatory settlement, per 1985.111(d)(2).

• If the case is instead before the ALJ, the ALJ must approve the settlement; a copy of the approved settlement is filed with the appropriate adjudicative body. See 1985.111(d)(2).